Physical Products
If you’re looking to return or exchange your physical product order, we’re here to help! Under very specific circumstances listed below we offer exchanges for store credit only. Mally Enterprises and Extremity Experts does not permit returns or refunds for products & services unless otherwise specified.
Please note the following in regards to our return and exchange policy:
— Discounted items are final and cannot be returned or exchanged
— Customized products are final and cannot be returned or exchanged
— Seminar/Event Ticket sales are final and cannot be returned
- In the rare-event of a seminar needing to be rescheduled, seminar/event tickets may be exchanged for store credit to be applied to a replacement seminar/event. To initiate an exchange, please contact us and provide us with the details of your order. In the rare-event of a seminar reschedule, the appropriate consumers will be notified of changes to the schedule and the sole option of store credit.
- If you are unable to attend a seminar due to unforeseen schedule conflicts, please email us no less than 48 hours before the seminar/event so we may initiate an exchange of store credit to your account to be applied for future seminars/events.
Customer Returns and Refunds Under International (EU) European Union Law
If you are a consumer within the European Union, and you bought a product or a service online, you have the right to cancel and return your order within 14 days, for any reason and without a justification, so long as your purchase does not fall within declared exemptions of the EU Law 14-day cooling off period.
Some of the exemptions are:
—plane and train tickets, as well as concert/event/seminar tickets, hotel bookings, car rental reservations and catering services for specific dates
—goods made to order or clearly personalised – such as a print-on-demand goods
—sealed audio, video or computer software, such as DVDs
—online digital content, if you agreed that you would lose your right of withdrawal after purchase
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at info@drmitchmally.com and wait for further correspondence. If instructed to do so, send your item to: 3400 Dexter Court Pavilion One, Suite 105 Davenport, Iowa 52804, United States. Defective/Damaged items will be inspected upon return for verification. If the product (i.e. DVD) has a case that has been opened/unsealed a replacement product will not be sent.
Shipping
To return your product, mail to: 3400 Dexter Court Pavilion One, Suite 105 Davenport, Iowa 52804, United States
You will be responsible for paying for your own shipping costs for returning your damaged/defective item. Shipping costs are non-refundable.
Depending on where you live, the time it may take for your product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Digital Products and Subscriptions
Training materials including video are copyrighted by Dr. Mitch Mally and Mally Enterprises. Reproduction or digital capture of content is strictly prohibited. Sharing of passwords violates course policy and is strictly prohibited. Failure to honor Course Policy will result in immediate access termination without refund.
Extremity Experts may employ security measures to determine if content sharing or password violation is occurring. These may include monitoring Client IP address, User ID access and other security techniques.
You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Service to any third-party. The Site and Services (including downloads) are only for your personal, non-commercial purposes. You further agree to not combine or integrate the Site and Services (including downloads) with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Site, The Site and Services (including downloads). You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and Services is compiled or interpreted and nothing in these terms should be interpreted as granting you any right to obtain or use source code or source materials.
Scope and use of the subscription
Extremity Experts a subsidiary offering of Mally Enterprises subscription(s) grants the legal entity that has taken out the subscription (the “Customer”) the right to use ExtremityExpert.com system and services (the “Services”). The subscription may not be used by other people or organizations.
Acceptance of the subscription
Extremity Experts subscription terms are agreed by the Customer by purchasing services online. These terms and conditions (the “Terms”) with the the formal billable price (the “Formal Quote”). The signed Terms and the Formal Fee will represent the agreement (the “Agreement”) between the Customer and Extremity Experts (the “Parties”) when purchase is made online.
Duration and termination of the subscription
The subscriptions run from the date, as specified in the Online Offer. The subscriptions can have monthly, quarterly, yearly, semi-annual and three year renewal term. At the end of the period, the subscription will automatically renew for another period unless terminated by the Customer. The minimum subscription period is denoted on the Formal Fee. Please read carefully.
Subscriptions may be terminated by updating your ExtremityExpert.com account when purchase is made. The agreement cannot be terminated for a period of subscription already initiated and the Customer will not be entitled to a refund for that subscription period.
The Customer may terminate any subscription free of charge within two days from date of purchase of the Agreement, provided that the Customer did not start using the Services. Extremity Experts shall (without prejudice to any other rights or remedies it may have) be allowed to terminate the subscription immediately without giving the Customer prior notice if the Services or subscription is misused (including, but not limited to, use by other people or organizations).
In the event of any of the Parties filing for bankruptcy, the Agreement will be terminated, and all Services will be terminated immediately, unless otherwise specifically agreed in writing between the Parties.
Price and payment terms
Prices for each service item are listed on the Formal Quote. Extremity Experts guarantees that no price increases will be applied for the Services ordered at the time of commencement of the subscription other than those due to increases in the Retail Price Index or increases applied by the cloud computing or technology suppliers.
Sign-up fees are non-refundable.
Product Fees are non-refundable once log-in has occurred.
The invoicing periods runs according to the Formal Quote. The payment term is as specified on the Formal Quote. If the subscription is not paid at the due date, a first reminder may be sent to the Customer. Access to the Services may be blocked until receipt of payment.
Extremity Experts will not be responsible for any loss, damage, costs, expenses or other claims of the Customer or any third party resulting from the suspension of the Services.
The Customer agrees that the online purchase is formal engagement of the specified subscription Agreement. The customer must provide with the purchase a e-mail address, or another agreed electronic method for receiving invoices and reminders.
Recurring invoices shall be paid by credit card in compliance with all local and international requirements.
Operating stability
Extremity Experts aims to provide the highest possible degree of operating stability but is not responsible for any breakdown caused by factors beyond its control. Such breakdown includes but is not limited to power failures, errors occurring in modem equipment, ADSL connections, telecommunications connections or the like. In all events, Extremity Experts aims to re-establish normal operations as quickly as possible.
Maintenance of the System
Extremity Experts is entitled to make operational changes to the System for improvements or otherwise (for example by developing or updating software) without giving the Customer prior notice. In some exceptional circumstances, it may be necessary to suspend access to the Services, usually between 8pm and 6am GMT-6. Notice of such a full suspension of service may be given to the Customer at least 7 days in advance. Extremity Experts will not be responsible for any consequences of such a suspension where notice has or has not been given.
Rights
The System remains the full property of Mally Enterprises. Individually customized software relating to the Services also remains the property of Extremity Experts unless otherwise stipulated. Extremity Experts may at any time transfer its rights and obligations under this agreement to any economic affiliate, subsidiary or business unit, or any of their affiliated companies or divisions. Except as provided above, the rights and obligations under this agreement may not be transferred to any third party without the written consent of the other party.
Liability of Extremity Experts
Extremity Experts has taken reasonable measures to ensure that the Services are virus-free from virus, bugs, defects, malfunctions, trojans horses but no warranty is given to this effect and Extremity Experts shall have no liability if this is not the case. To the extent permitted by law, Extremity Experts disclaims all warranties with respect to the Services, either express or implied, including but not limited to any implied warranties of suitability or fitness for any particular purpose.
Extremity Experts shall not be liable to the Customer or any third-party for any indirect, punitive or other damages or losses including, without limitation, damages for loss of profits, business interruption, loss of data or the restoration hereof, claims of infringement of third party intellectual property rights, product liability or personal injury arising out of the use of or inability to use the Services. Extremity Experts’s liability will be limited and capped to a total aggregate amount of the value of payments made by the Customer for a maximum period of 12 months after the occurrence of the incident giving rise to the liability. Notwithstanding anything to the contrary in these terms, Extremity Experts shall indemnify the Customer against any direct cost and damages awarded by final court ruling to be paid to a third party due to infringement of said party’s intellectual property rights, to the extent that Extremity Experts and the Services are liable for such infringement. Extremity Experts will furthermore at its option either replace or modify the Services, procure the necessary rights for the Customer to still use the Services or reimburse the original purchase price for the infringing goods. The above shall constitute the Customer’s sole and exclusive remedy for any infringement of third-party rights and Extremity Experts shall not be liable for any other loss, damage, or consequential damage due to any such claim.
Data Processing Agreement, privacy policy and Confidentiality
Data Processing, Privacy, Confidentiality and GDPR is reviewable at https://extremityexperts.com/privacy-policy/.
Extremity Experts has taken the necessary technical and organizational security measures to prevent information saved by the Service from being accidentally or illegally destroyed, lost or wasted and to prevent such information from falling into the hands of any unauthorized party, being misused or otherwise treated in a way contrary to Extremity Experts’s privacy policy.
Extremity Experts is bound by customary confidentiality in respect of any information received about the Customer and will not disclose such information to any third party except where it is required to do so by any court or regulatory authority and then only to the extent necessary.
Marketing
Extremity Experts shall be entitled to refer to the Customer name and logo and the Services provided in its marketing collateral, including a brief description of such services. Material on the website, flyers, presentations, outreach and any material displayed publicly are considered marketing collateral for the purpose of this clause.
System changes and feature updates
Extremity Experts preforms standard technical upgrades on the system, including new feature additions, during non-primary USA business hours. Extremity Experts is entitled to make system changes and feature updates to the System for improvements or otherwise (for example by developing or updating software) without giving the Customer prior notice.
Entire Agreement
The Agreement contain the entire agreement between the Parties and supersede all previous correspondence or communications whether written or oral. Extremity Experts may amend these Terms as required from time to time. Changes are posted on our website. Such amendments and all such amendments will apply to the next renewal of the subscription.
Force Majeure
Except to the extent provided in this Agreement, Extremity Experts shall not be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused, directly or indirectly, by a force majeure, and provided the non-performing Party is without fault in causing such default or delay, and such default or delay could not have been prevented by reasonable precautions and could not reasonably be circumvented by the non-performing Party through the use of alternate sources, workaround plans or other means.
‘Force Majeure Event’ means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, failures of the Provider’s hosting provider, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars).
Disputes
These Terms shall be governed by and construed in accordance with US laws. The United States Courts shall have non-exclusive jurisdiction to determine any dispute concerning these Terms or the subject matter of these Terms.
Version 1.0 as of February 2023.
